Senate Passes Legislation Aimed at Preventing Nitrous Oxide Abuse

SB 936 would prohibit the sale of nitrous oxide, except as needed for industry uses, to limit its widespread use as a recreational drug

SACRAMENTO – The Senate on Friday passed legislation by Sen. Catherine S. Blakespear, D-Encinitas, aimed at preventing the widespread abuse of nitrous oxide as a recreational drug by limiting its sale to specific uses in certain industries.

SB 936 would prohibit the public sale of nitrous oxide canisters larger than 8 grams, with exceptions for legitimate uses in the medical, dental, culinary and automotive industries. The canisters, known as whippets, have become a popular recreational drug among youth but can have deadly consequences, especially for those who choose to drive while intoxicated by it. 

“Communities across California are seeing how dangerous nitrous oxide can be when it is misused,” Sen. Blakespear said. “To prevent abuse and protect public safety, SB 936 makes sure nitrous oxide is only sold for its intended purposes.”

According to the U.S. Food and Drug Administration, nitrous oxide can produce a variety of serious health problems, such as abnormal blood counts, asphyxiation, blood clots, frostbite, headache, impaired bowel and bladder function, lightheadedness, limb weakness, loss of consciousness, numbness, palpitations, paralysis, psychiatric disturbances, tingling, trouble walking and even death. 

Nitrous oxide is often sold in canisters as a food processing propellant for whipped cream or other culinary uses, and those marketed with flavors – such as bubble gum, vanilla cupcake or tropical punch – and are popular among children and young adults to use as a drug. As a result, driving while intoxicated by nitrous oxide, although illegal, is on the rise nationally and in San Diego County. 

SB 936 follows action taken by the states of Nebraska and Louisiana and the California counties of Humboldt, Orange, San Mateo and Santa Cruz banning the retail sale of whippets.

The legislation, which was approved on a bipartisan 32-0 vote, goes next to the Assembly for consideration.  

SB 936 is co-sponsored by Orange County, the National Stewardship Action Council, the Rural Counties Representatives of California (RCRC) and San Diego County District Attorney Summer Stephan.

Sen. Blakespear represents Senate District 38, which covers northern San Diego County and southern Orange County. To learn more about the district and Sen. Blakespear, visit her Senate website.